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Title 42 — The Public Health and Welfare

Chapter 99 — Ocean Thermal Energy Conversion

§ 9122. Recordkeeping and public access to information

Statutory text

(a)

Records and reports

Each licensee shall establish and maintain such records, make such reports, and provide such information as the Administrator, after consultation with other interested Federal departments and agencies, shall by regulation prescribe to carry out the provisions of this chapter. Each licensee shall submit such reports and shall make available such records and information as the Administrator may request.

(b)

Confidential information

Any information reported to or collected by the Administrator under this chapter which is exempt from disclosure pursuant to section 552(b)(4) of title 5 (relating to trade secrets and commercial or financial information which is privileged or confidential) shall not—

(1)

be publicly disclosed by the Administrator or by any other officer or employee of the United States, unless the Administrator has—

(A)

determined that the disclosure is necessary to protect the public health or safety or the environment against an unreasonable risk of injury, and

(B)

notified the person who submitted the information 10 days before the disclosure is to be made, unless the delay resulting from such notice would be detrimental to the public health or safety or the environment, or

(2)

be otherwise disclosed except—

(A)
(i)

to other Federal and adjacent coastal State government departments and agencies for official use,

(ii)

to any committee of the Congress of appropriate jurisdiction, or

(iii)

pursuant to court order, and

(B)

when the Administrator has taken appropriate steps to inform the recipient of the confidential nature of the information.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Ocean Thermal Energy Conversion Act of 1980

    Pub. L. 96–320 title I § 112 · 94 Stat. 974

    Enacted · 42 U.S.C. § 9122

    Pub. L. 96–320, title I, § 112, Aug. 3, 1980, 94 Stat. 989

    Source evidence

    Code source credit
    Pub. L. 96–320, title I, § 112, Aug. 3, 1980, 94 Stat. 989

    Enacted provision · exact public law section
    SEC. 112. RECORDKEEPING AND PUBLIC ACCESS TO INFORMATION. (a) Each licensee shall establish and maintain such records, make such reports, and provide such information as the Administrator, after consultation with other interested Federal departments and agencies, shall by regulation prescribe to carry out the provisions of this Act. Each licensee shall submit such reports and shall make available such records and information as the Administrator may request. (b) Any information reported to or collected by the Administrator Confidential information. under this Act which is exempt from disclosure pursuant to section 552(b)(4) of title 5, United States Code (relating to trade secrets and confidential commercial and financial information), shall not— (1) be publicly disclosed by the Administrator or by any other officer or employee of the United States, unless the Administrator has— (A) determined that the disclosure is necessary to protect the public health or safety or the environment against an unreasonable risk of injury, and (B) notified the person who submitted the information 10 days before the disclosure is to be made, unless the delay resulting from such notice would be detrimental to the public health or safety or the environment, or (2) be otherwise disclosed except— (A) (i) to other Federal and adjacent coastal State government departments and agencies for official use, (ii) to any committee of the Congress of appropriate jurisdiction, or (iii) pursuant to court order, and (B) when the administrator has taken appropriate steps to inform the recipient of the confidential nature of the information.

  2. Pub. L. 98–623 § 602(e)(3) · 98 Stat. 3394

    Substituted · 42 U.S.C. § 9122(b)

    Pub. L. 98–623, § 602(e)(3), substituted “(relating to trade secrets and commercial or financial information which is privileged or confidential)” for “(relating to trade secrets and confidential commercial and financial information)”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 98–623, § 602(e)(3), substituted “(relating to trade secrets and commercial or financial information which is privileged or confidential)” for “(relating to trade secrets and confidential commercial and financial information)”.

    Enacted provision · exact public law section
    (3) in section 112(b) by striking out “confidential commercial and financial information)” and inserting in lieu thereof “commercial or financial information which is privileged or confidential)”;

  3. Pub. L. 98–623 § 602(e)(18) · 98 Stat. 3394

    Substituted · 42 U.S.C. § 9122(b)(2)(B)

    Pub. L. 98–623, § 602(e)(18), substituted “Administrator” for “administrator”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 98–623, § 602(e)(18), substituted “Administrator” for “administrator”.

    Enacted provision · exact public law section
    (18) in section 112(b)(2)(B) by striking out “administrator” and inserting in lieu thereof “Administrator”.

3 of 3 references resolved to an enrolled provision

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 96–320, , 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9101 of this title and Tables.

Amendments

1984—Subsec. (b). Pub. L. 98–623, § 602(e)(3), substituted “(relating to trade secrets and commercial or financial information which is privileged or confidential)” for “(relating to trade secrets and confidential commercial and financial information)”.

Subsec. (b)(2)(B). Pub. L. 98–623, § 602(e)(18), substituted “Administrator” for “administrator”.

Credits

1980–1984 · 2 acts
  1. 1980Pub. L. 96–320, title I, § 112, , 94 Stat. 989
  2. 1984Pub. L. 98–623, title VI, § 602(e)(3), (18), , 98 Stat. 3412.
Show as published

(Pub. L. 96–320, title I, § 112, , 94 Stat. 989; Pub. L. 98–623, title VI, § 602(e)(3), (18), , 98 Stat. 3412.)

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